Foot Anstey LLP’s Post

The NSW Land and Environment Court recently considered the characteristics of an area in a development application. Take a look at our article to learn more. #landandenvironmentcourt #developmentapplication #propertylaw #propertydevelopment

How long do you normally have to wait for the Supreme Court of Canada to release a decision? The number in the SCC's annual statistics report is probably not the number you're actually looking for... The SCC's 2023 year in review says the average that year is 5.5 months between hearing and judgment. The 10-year average is 4.9 months. BUT those averages seem to include judgments from the bench, where the time between hearing and judgment is zero, which skews the average down. I find most clients actually want to know the average time judgments are on reserve or how long they have to wait for the release of reasons following a hearing. For 2023 that's about 6.9 months, 6.9 in 2022, and 6.5 in 2021, which is two months more than what you might expect based on the stats normally talked about. So tomorrow's decision in Lynch v City of St. John's, on reserve for 5.8 months, has actually been on reserve for about a month less than the average. Eurobank (4.7) & Yatar (4) & Bykovets (2.7) were also released quite quickly this year. For 2024, so far it's looking like a 6.3 month average if you include judgments from the bench and 8.4 months if they are excluded. There have already been two decisions that were on reserve for over 410 days, which is increasing the average. (For a full list of the time recent decisions have been on reserve see https://lnkd.in/eEcHtnUs) There are all sorts of ways to calculate these things and some methods are likely of more interest to certain groups than others. We're fortunate the SCC provides such a comprehensive statistics report, and hopefully, more courts will do the same!

Zoning: The Path to Fairness and Unity in Imo State.

We have expressed concern about threats to the future of selective licensing. An amendment to the Renters (Reform) Bill tabled by Conservative backbenchers would remove the ability of local housing authorities to designate areas as subject to selective licensing. A BBC report now says the Government has promised to announce a review of selective licensing “with the explicit aim of reducing burdens on landlords”. Licensing provides the only means for local authorities proactively to inspect privately rented housing, removing the need for tenants to complain. We believe that the Government, far from watering down selective licensing, should be removing unnecessary barriers to local authorities using licensing schemes to improve housing standards. Our press release in full: https://lnkd.in/ehUrPzAb #PrivateRented #Housing #Licensing #RentersReformBill #EnvironmentalHealth #PublicHealth #Landlords

Florida's 2024 legislative session is considering the repeal of F.S. 163.045 through SB 122. Since its passing in 2019, this statute has caused a great amount of confusion in the management and preservation of Florida's urban forests by municipalities. Unfortunately, this statute was abused by developers and builders to promote unsustainable land development projects. While certain language was amended in 2022 to help prevent this occurrence, the unnecessary removal of healthy trees in different circumstances can still be accounted for across the state. Here's to supporting and hoping F.S. 163.045 is repealed! Cheers! https://lnkd.in/eaE-QsSQ

Real Estate Appraisal process involves a comprehensive analysis before determining a property value Market Analysis Highest and Best Use Income Cost Analysis Location Environmental Factors Legal Zoning Future Developments Thank you #msgonzalesrealtyservices #RealEstateProvider #realestate

New Jersey’s Municipal Land Use Law (“MLUL”) grants the authority to enact land planning policies and zoning regulations to local governments within the state. What the MLUL fails to address adequately, according to author Jeremy Posluszny, are the interests and concerns of the citizens in neighboring municipalities, which are normally left unheard under the current statutory framework. In his article, “A Duty to Reconcile: Revising New Jersey’s Municipal Land Use Law to Encourage Inter-Municipal Cooperation in Regional Planning,” Posluszny argues that due to the changing demographics within the state as well as increased urban development, a more robust statutory framework is needed to encourage regional land use planning while also protecting local decision making, especially for municipalizes that wish to retain present quality of life and character. 

In a test-case decision, the Supreme Court has upheld a government appeal that challenges the current approach to compensating landowners when the state or local authorities buy their sites. My colleague Richard shares his thoughts on the decision here: https://ow.ly/6NGQ50PzOif #HS2 #landowners #planning #environment #development #land #planninglaw

Some important clarification in here to cut through the reactive fog swirling around this case.

Zoning refers to municipal or local government laws that dictate how a piece of property can be used. These regulations are designed to separate incompatible land uses like industrial from residential, thereby creating a harmonious community. In Harrisburg, as in other cities, zoning laws can impact factors such as building height, density, lot coverage, and the types of activities that can be conducted on a property.